WI DNR Forsakes Duties to Hunters

By August 12, 20175 Comments

Wisconsinโ€™s hunters, anglers and trappers saw once more July 19 that their license fees are taken for granted by Gov. Scott Walkerโ€™s Department of Natural Resources, whose leaders shirked an Assembly hearing on a bill challenging basic law-enforcement principles long embraced by courts and sportsmen.

hunters in field

Wisconsin DNR administrators have made no effort to debunk false Fourth Amendment assumptions in a bill that would prevent law-enforcement officials from entering private lands to enforce fishing and hunting laws.

In the days that followed, Wisconsinโ€™s DNR brass defended their absence before the 15-member Natural Resources and Sporting Heritage committee by invoking an inbred agency policy that shifts shape so often the hearingโ€™s chairman, Rep. Joel Kleefisch, R-Oconomowoc, couldnโ€™t cite it with certainty when asked the following Monday.

So, letโ€™s unravel yet another 2017 DNR mess, which plops alongside previous fiascos like downplaying chronic wasting disease, downsizing its presence at the State Fair, slashing its Natural Resources magazine, and stifling media access to agency staff.

This latest dereliction starts with another eye-rolling bill from Rep. Adam Jarchow, R-Balsam Lake, who testified in the state Capitol that bar visits inspired his bill, AB-411. No, not โ€œbar,โ€ as in legal institutions; โ€œbar,โ€ as in beer, brandy and bumblers on barstools. Jarchow told the committee he visits bars to hear his constituentsโ€™ legal insights.

Granted, few Wisconsin institutions are more charming than rural taverns, but AB-411 has a fatal flaw: It tries to prevent conservation wardens from entering private property unless they have โ€œreasonable suspicionโ€ a violation had occurred.

Jarchow should spend more time in libraries. Maybe then heโ€™d quit trying to portray himself as a Fourth-Amendment and private-property patriot. Every legal precedent from our common law to the U.S. Supreme Court has repeatedly found that Fourth Amendment protections apply only to our โ€œpersons, houses, papers and effects,โ€ not surrounding lands.

That โ€œopen fields doctrineโ€ lets police, sheriffs and conservation wardens enter private property to enforce the law. That ensures publicly owned fish, wildlife and other natural resources are protected on private lands, which make up 82 percent of Wisconsin.

hunter in corn field

The โ€œopen fields doctrineโ€ lets police, sheriffs and conservation wardens enter private property to enforce the law.

Because AB-411 would have profound legal impacts on outdoor recreation and the DNRโ€™s law-enforcement bureau, Rep. Nick Milroy, D-South Range, e-mailed the agencyโ€™s chief warden, Todd Schaller, July 14 requesting he testify at the hearing. โ€œThis legislation directly affects you and your staff,โ€ Milroy wrote. โ€œIt is important we receive your thoughts on the bill.โ€

Until this administration got elected in November 2010, such requests were seldom needed. If DNR administrators got wind of bills affecting their work and natural resources, agency staff testified on behalf of the public, which pays their wages. And if the agency found the bill faulty, the DNR opposed it publicly.

That changed when DNR Secretary Cathy Stepp took over in January 2011. She told DNR staff they could only present information, and not take positions when testifying. In July 2013, Stepp explained her directive at the Wisconsin Outdoor Communicators Associationโ€™s annual conference in Eagle River:

โ€œ(We) lay out the pros and cons, because we should be the expertise and resource they (lawmakers) draw from when making decisions on legislation. โ€ฆ We make our experts available to give the pros and cons. If you do X, youโ€™ll likely experience Y and Z. Then the decision-maker can say: โ€˜OK, maybe I should pull back on this. Maybe this isnโ€™t such a good idea.โ€™ Thatโ€™s how we should be used; as the biological, scientific experts. The enforcement experts. When weโ€™re viewed as nonpartisan, and weโ€™re just there to present the facts. โ€ฆ (we) build credibility and respect between the Legislature and the agency.โ€

My, how times change. Milroy said the DNR took four days to deny his request for Schallerโ€™s testimony, and it came via voicemail on his cell-phone a day before the hearing. He was told the DNR only honors such requests from committee chairs or a billโ€™s primary author; in this case, Kleefisch or Jarchow. In other words, if youโ€™re a Democrat, go away.

So Milroy took his request to Kleefisch before the hearing July 19. Kleefisch then told the DNRโ€™s legislative liaison, Tim Gary, they needed Schallerโ€™s testimony. Kleefisch said thatโ€™s when he heard about the DNRโ€™s policy on who can testify. โ€œI was also told, unfortunately, that Schaller wasnโ€™t available anyway because of calendar conflicts,โ€ Kleefisch said Monday when interviewed. โ€œIn their defense, it was cutting things close.โ€

Kleefisch remained uncertain of the DNRโ€™s policy on testifying, and asked me if he had it right. He added that it would be virtually impossible for him to know every possible DNR policy.

hunters walking back to truck

Fourth Amendment protections apply only to our โ€œpersons, houses, papers and effects,โ€ not surrounding lands.

Thatโ€™s understandable. After all, DNR administrators have poorly explained things. In an email March 15 to former DNR Secretary George Meyer, DNR deputy secretary Kurt Thiede wrote: โ€œThe department appears at public hearings for informational purposes when requested by a committee chairman or a billโ€™s primary author. This has been administration policy since 2011 and well cited.โ€

Hmm. No. Itโ€™s neither well cited nor age 6. Secretary Stepp put no such conditions on that policy in July 2013. And when I asked DNR spokesman Jim Dick in a July 21 email if the staff-testimony rule is a written policy and, if so, please send a copy, he replied: โ€œThere is no written policy so there is no copy of a document to give you.โ€

I then asked when the policy took effect, and whether it was first reviewed by the Natural Resources Board, or the Assembly and Senateโ€™s natural-resources committees. Dick replied July 24: โ€œOur last email, I thought, was pretty clear. This is not a policy. The department has been clear and consistent in its practice of appearing at legislative public hearings for informational purposes when requested by a committee chairman or a billโ€™s primary author.โ€

The only thing clear is that Dick, Thiede and Stepp canโ€™t get their stories straight. In March, Thiede said itโ€™s been DNR โ€œpolicyโ€ since 2011. In July 2013, Stepp pledged only to impartially provide legislators pro and con information. And now Dick says itโ€™s a long-standing โ€œpractice,โ€ not a policy.

This is not the open, transparent government Gov. Walker keeps pledging. Folks like Dick, Thiede and Stepp are paid to represent the public trust when age-old pastimes and Wisconsinโ€™s natural resources are threatened by barstool lawyers.

Wisconsin deserves a professionally run fish-and-wildlife agency, not a wad of grumpy partisans who change the rules by whim and explain them only when asked.

Patrick Durkin
President at Wisconsin Outdoor Communicators Association
Patrick Durkin is a lifelong bowhunter and full-time freelance outdoor writer/editor who lives in Waupaca, Wisconsin. He has covered hunting, fishing and outdoor issues since 1983. His work appears regularly in national hunting publications, and his weekly outdoors column has appeared regularly in over 20 Wisconsin newspapers since 1984.
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